RAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) SHORT point pleaded in challenge to proceedings of Criminal Case No. 1383 of 2011 (State Vs. Santosh & Others) arising out of chargesheet No. Nill of 2011, N.C.R. No. 270 of 2011, under Sections 323, 504, 506 I.P.C. pending before A.C.J.M., court no. 13, Pratapgarh, is that although offences are not cognizable, yet Magistrate? has taken cognizance of the chargesheet filed in the case as if Section 506 I.P.C. is cognizable offence. It has been pleaded on behalf of the petitioners that Section invoked against the petitioners are non-cognizable and, therefore, cognizance should not have been taken.

(2.) SRI Rajendra Kumar Dwivedi, learned counsel for the State has pointed out that a Full Bench of this Court has considered this issue in the case of Mata Sevak Upadhyaya Vs. State of U.P. and others, 1995, JIC, 1168 (FB), Allahabad, and has held that notification declaring provisions of 506 of Indian Penal Code as cognizable offence is not violative of Article 14 of the Constitution of India.